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HomeMy WebLinkAbout1992-0442/88/02(REBo) tl""An(woc/nhm) RESOLUTION NO. 92-_"_ A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all Hens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were acquired for the construction of a Fire/EMS Station, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Special Warranty Deed describing lands, recorded in O.R. Book 918, Page 980, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner SLrl ck , and the motion was seconded by Commissioner Wheeler , and, upon being put to a vote, the vote was as follows: Chairman Carolyn K. Eggert Aye Vice Chairman Margaret C. Bowman Aye Commissioner Richard N. Bird Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye The Chairman thereupon declared the resolution duly passed and adopted this 10 day of March 1992. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 4 `:Afes4: B .;_ y Caroly K. Egger Chairman •, ar on, Clerk Indian fliva ca Approved Date Admin• 0 s Legal ,-c- BudgeI Devl. Risk Mgr. --- *. (v''� ✓ DOCUMENTARY STAMPS $ 3(O. G a FfI ..�I;�; vI.HIFIFB Q�v, °� JEFFREY K. BARTON, CLERK JI"FHiEY K. �•�IIIGA) INDIAN RIVER COUNTY 1 ERIC C'RCU -f COURT INDIAN RIVER CO., FLA SPECIAL NARRI�tamv noon THI B-PECIAL WARRANTY DEED made as of the �/ �' day of ��= C , 1991, by GHA GRAND HARBOR, LTD., a Florida limited partnersip, hereinafter called the Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the Grantee: Whose post office address is 1840 25th Street Vero Beach, Florida 32960 (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representative and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H• That the grantor, for and in consideration of the sum of Ten and No/100 ($10.00) Dollars, and other good and valuable consider- ations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto grantee all that certain land situate in Indian River County, Florida, viz: A parcel of land lying in Section 23, Township 32 South, Range 39 East, Indian River County, Florida, being more Particularly described as follows: Commence at the Southeast corner of Section 23, Township 32 South, Range 39 East, run S 89057102" W along the South property line of aforesaid Section 23, for a distance of 1111.51 feet to the point of beginning; thence continue S 89°57102" W along the South line of aforesaid Section 23, for a distance of 220.46 feet to a point, thence run N 00001103" E for a distance of 438.38 feet to a point, thence run S 26°41137" E for a distance of 490.47 feet to the point of beginning. Together, with all the hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever, subject to land use regulations and restrictions imposed by governmental authorities; matters which would be disclosed by a current and accurate survey and inspection of the Premises; and to the follow- ing restrictive covenant which shall run with the Premises and shall be enforceable against Grantee, its successors and assigns by the Grantor, its successors and assigns: Grantee, its succes- sors or assigns or a subsequent purchaser of the Premises (collec- on tively, "Owner") must commence construction of a fire/EMS stati on the Premises (the "Fire/EMS Station"), not later than three (3) years from the date of this deed. "Commencement of construction" shall mean the issuance of a building permit and the pouring of the (� building slab for the Fire/EMS Station. In the event the Owner M fails to comply with the foregoing requirement, such Owner, upon receipt of payment no later than the date which is three(3) ears � Y: and three (3) months from the date of this deed from or n behalf ox uI of Grantor, its successor or assignee in the amount of $60,000.00, N a o shall convey to Grantor, its successor or assignee good and Z w marketable title to the Premises by special warranty deed and ) y provide Grantor, its successors or assignee with a title insurance i110 0 policy reflecting good and marketable title to the Premises no o later than thirty (30) days after receipt of such payment. This 7 restrictive covenant shall terminate upon the earlier to occur of either: (1) the commencement of construction of the Fire/EMS Station on the Premises, or (2) the date which is three (3) years and three (3) months from the date of this deed. Grantor does hereby covenant with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the 0 Za c:) v tJ co CD Grantor has good right and lawful authority to, sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor. IN FATNESS WHEREOF, Grantor has caused these presents to be executed on the day and year first above written. Signed, sealed and delivered in the presence Of: Print: Wi 11 iam ralrivP11 45z-, Pr : STATE OF FLORIDA COUNTY OF INDIAN RIVER GHA GRAND HARBOR, LTD., a Florida limited partnership By: GHA Grand Harbor, Inc., a Florida corporation, General Partne By: Dona C. Proctor President 2121 Grand Harbor Blvd. Vero Beach, Florida 32967 The foregoing instrument was acknowledged before me this 11th day of December , 1991, by Donald C. Proctor, the President of GHA Grand Harbor, Inc., a Florida corporation, the general partner of GHA Grand Harbor, Ltd., a Florida limited partnership, on behalf of the limited partnership. Prepared by: Bruce Barkett COLLINS, BROWN & CALDWELL 744 Beachland Blvd. Vero Beach FL 32963 fs%bh%grendher%indriver.ewd No y Public Tyged name of notary publtcs• Janice A. Dav My Commission expires: NOTA" FUOIIC 'MITF OF FLORIDA NY CO{'.NISSIOU CMP. I..FFF.2i"972 0971UCU TIIRU iiCr7_U.'I. iU;. 03